S T A T E   O F   N E W   Y O R K
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                                  2546

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 20, 2009
                               ___________

Introduced  by  M.  of  A. ENGLEBRIGHT -- Multi-Sponsored by -- M. of A.
  McENENY, ORTIZ -- read once and referred to the Committee on  Agricul-
  ture

AN  ACT  to amend the agriculture and markets law, in relation to estab-
  lishing commercial sod products pesticide information requirements

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. The agriculture and markets law is amended by adding a new
article 11-B to read as follows:
                               ARTICLE 11-B
       COMMERCIAL SOD PRODUCTS PESTICIDE INFORMATION REQUIREMENTS
SECTION 151-P. DEFINITIONS.
        151-Q. PURPOSE.
        151-R. COMMERCIAL SOD PRODUCTS  PESTICIDE  INFORMATION  REQUIRE-
               MENTS.
        151-S. PENALTIES.
  S  151-P.  DEFINITIONS.  FOR  PURPOSES  OF THIS ARTICLE, THE FOLLOWING
DEFINITIONS SHALL APPLY:
  1. "COMMERCIAL SOD PRODUCTS" SHALL MEAN SURFACE EARTH CONTAINING GRASS
AND ITS MATTED ROOTS, OTHERWISE CALLED TURF, WHICH IS OFFERED FOR WHOLE-
SALE OR RETAIL SALE.
  2. "PESTICIDES" SHALL HAVE THE SAME MEANING AS  IS  ASCRIBED  TO  SUCH
TERM  BY SUBDIVISION THIRTY-FIVE OF SECTION 33-0101 OF THE ENVIRONMENTAL
CONSERVATION LAW.
  S 151-Q. PURPOSE. THE PURPOSE  OF  THIS  ARTICLE  IS  TO  ENSURE  THAT
PURCHASERS  OF  COMMERCIAL  SOD  PRODUCTS  RECEIVE INFORMATION REGARDING
PESTICIDES WHICH HAVE BEEN APPLIED TO SUCH PRODUCTS.
  S 151-R. COMMERCIAL SOD PRODUCTS PESTICIDE  INFORMATION  REQUIREMENTS.
1.   EVERY PERSON WHO GROWS COMMERCIAL SOD PRODUCTS SHALL BE REQUIRED TO
PROVIDE INFORMATION ON ALL PESTICIDES WHICH WERE APPLIED TO THE SOIL  IN

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06172-01-9

              

A. 2546                             2

WHICH  COMMERCIAL  SOD  PRODUCTS WERE GROWN OR WHICH WERE APPLIED TO THE
COMMERCIAL SOD PRODUCTS DIRECTLY, TO ALL PURCHASERS OF SUCH PRODUCTS.
  2.  EVERY  PERSON  WHO  SELLS  COMMERCIAL SOD PRODUCTS OR WHO INSTALLS
COMMERCIAL SOD PRODUCTS SHALL BE REQUIRED TO PROVIDE INFORMATION ON  ALL
PESTICIDES  WHICH  WERE  APPLIED  TO  THE  SOIL  IN WHICH COMMERCIAL SOD
PRODUCTS WERE GROWN OR WHICH WERE APPLIED TO THE COMMERCIAL SOD PRODUCTS
DIRECTLY, AS PROVIDED BY THE GROWER ON A FORM APPROVED BY THE DEPARTMENT
WHICH IS CONSISTENT WITH THE PESTICIDE USE REQUIREMENTS OF  THE  DEPART-
MENT  OF  ENVIRONMENTAL CONSERVATION, TO ALL PURCHASERS OF SUCH PRODUCTS
OR SERVICES.
  3. THE INFORMATION REQUIRED TO BE PROVIDED PURSUANT  TO  THIS  SECTION
SHALL INCLUDE THE FOLLOWING:
  A.  THE PESTICIDE PRODUCT NAME AND THE CHEMICAL NAME OF EACH PESTICIDE
PRODUCT APPLIED;
  B. THE TOXICITY CATEGORY OF EACH PESTICIDE PRODUCT APPLIED; AND
  C. ANY LABEL WARNINGS RELATING TO CONTACT BY HUMANS AND  ANIMALS,  AND
ANY LIST OF RELEVANT ENVIRONMENTAL HAZARD WARNINGS FOR EACH PESTICIDE.
  S  151-S.  PENALTIES.  ANY PERSON WHO FAILS TO PROVIDE THE INFORMATION
REQUIRED IN THIS ARTICLE SHALL BE SUBJECT TO THE PENALTIES CONTAINED  IN
SECTION THIRTY-NINE OF THIS CHAPTER.
  S  2.  This  act shall take effect on the ninetieth day after it shall
have become a law.